A confrontation is brewing between the Centre and the Muslim organisations after the All India Muslim Personal law Board (AIMPlB) on Thursday decided to boycott the questionnaire put forth by the law commission seeking public response on the matter of triple talaq and Uniform Civil Code (UCC).
In the centre of the need to bring in the UCC is a raising debate over the relevance of triple talaq, which is being heard by the Supreme Court. Accusing the Government of waging a “war” against the community, the AIMPlB and other Muslim outfits decided to opposed the proposal.
On October 7, the law Commission had sought feedback from public on whether the practice of triple talaq be abolished and whether Uniform Civil Code should be optional. This came even as the Centre told the Supreme Court that practices such as triple talaq, polygamy and Nikah Halala must end, as they deny women the right to be equal citizens in this country and violate their right under the Constitution to live with dignity. Maintaining that such practices have no room in a progressive society and a secular democracy like India, the Centre cited instances of Muslim countries, including theocratic states, where polygamy is forbidden.
Addressing a Press conference, senior Muslim clergies opposed the UCC and said, if implemented, it will paint all people in “one colour” which will threaten the country’s pluralism and diversity. AIMPlB general secretary Wali Rehmani, Jamiat-Ulema-e-Hind president Maulana Arshad Madani and representatives of other bodies were present at the Press conference.
However, the Government seems in no mood to reconsider its stand on triple talaq. Sources in the law Ministry said the Government will not dilute its affidavit filed in the Supreme Court in which it opposed practice of triple talaq.
Echoing Government’s view, Union Minister of State for Minority Affairs Mukhtar Abbas Naqvi urged “all sections” of the community to “keep open” door of the debate and join the discussions on reforms sans any prejudice.
“We are an open, democratic and secular country. The debate should happen. The current effort should not be looked with a prejudiced mindset, but an open mindset. Keep the door of the debate open,” Naqvi said.
Claiming that AIMPB and other Muslim outfits will launch a campaign to create awareness among Muslims, beginning with a gathering in lucknow, the Board said there are “flaws” in the personal laws governing Muslims and they are being addressed from time-to-time. “This is all destructive. The Government should try to fix this and ensure peace than seeking views on issues like UCC,” said Jamiat-Ulema-e-Hind president Madani, adding the country is already facing problems on various fronts, including the loC and issues like killings elsewhere.
Reacting to the issue, former law Minister and Congress leader Veerappa Moily said it will be difficult to implement UCC in a country like India where various communities and groups are governed by personal laws.
“In a country of this nature, implementation of Uniform Civil Code is next to impossible,” he said, adding no one should take it as a communal agenda or a Hindu versus Muslim issue.
He said 200-300 personal laws exist in India covering various communities.
BJP national secretary Sidharth Nath Singh said the law Commission is taking opinion of all the stakeholders on the issue following which it will form a “considered opinion” and give it to the Supreme Court.
JD (U) MP Ali Anwar asked the Government why it was only focusing on Muslims and said it is not the time to start such a debate. “They want to polarise society.”
Majlis Ittehadul Muslimeen (MIM) chief Asaduddin Owaisi said bringing the UCC will “kill” the diversity and plurality of India. The Samajwadi party has also opposed the move.
On the other hand, contrary to the law Commission’s claim that the step is an “endeavour” to address discrimination against vulnerable groups and harmonise the various cultural practices, Rehmani said when implemented the UCC will bring to an end country’s pluralism and paint all in “one colour” and end diversity and pluralism.
“People of different cultures stay in this country. If the UCC is implemented, attempts will be made to paint all in one colour, which is not in the interest of the country. Also, we don’t want the practice of triple talaq to be abolished. There are more divorces in other communities. Rather the highest rate, which is double that of Muslims, is among Hindus,” he claimed.
When pointed that some Muslim community members have raised the issue of triple talaq, Rehmani curtly said “they have all the right to do so in a democracy”.
Madani termed as a “trap” the Commission’s claim that the move is an attempt to address discrimination. “The Government is trying to divert attention of people from its failure. We hope it withdraws the move. If it doesn’t, we will decide on our future course of action. At present, we are trying to create awareness among Muslims in the country,” he added.
Meanwhile, women members of the Board stressed that contrary to perception, the personal law balances rights of Muslim women and men “very well” and that there is no need for reforms in it.
“There is no need for any reform in the law. Triple talaq is not an issue and the Government’s move to impose UCC intends to snatch our religious freedom guaranteed in the Indian Constitution. That’s the reason we are fighting for our rights,” Aasma Zehra, a Board member, said.
Meanwhile, in a statement issued later, the Board alleged that the Commission’s decision to seek public feedback on UCC is a “calculated” move aimed at disrupting communal harmony and urged all “secular” parties to oppose the step. It alleged that the questionnaire highlights the “ulterior” intentions of the Commission and an attempt to “nullify” Muslim Personal law.
It also termed the questionnaire as “vague and confusing” and one giving impression that personal laws are responsible for social inequalities and gender disparities and have “nullified” the rights of women.
“The questionnaire reveals in toto the intention of the Commission. Some of the questions point to the fact that it has been framed to target a particular religious group and their personal law,” the statement declared.
Apart from Rehmani and Madani, others who issued the statement included Jamaat-e-Islami Hind’s ex-vice president Mohammad Jafar, Jamiat Ulema Hind general secretary Maulana Mahmood Madani, All India Muslim Majlis-e-Mushawarat president Naved Hamid, Shia Jama Masjid Kashmeeri Gate imam Maulana Muhsin Taqvi and All India Milli Council general secretary Dr M Manzoor Alam.
Coming ahead of the UP Assembly polls, the issue could be utilised by various stakeholders for their political gains. While the BJP hopes to use this as a plank to garner Hindu votes, the BJP, the Congress and the BSP are expected to go all out to oppose the move to reach out to Muslim voters.